Robertson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Petition

Before filing a dependency, neglect, or abuse petition with the clerk, the petitioner must submit it to the County Attorney for review; if supported by sufficient cause, the County Attorney files it and refers the matter for investigation when needed.

A) All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20. Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.

CRITICAL

Applies to

Motion

The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.

The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.

CRITICAL

Applies to

Petition

During regular business hours, the authorized agency or officer must present a received petition to a district, family, or circuit court judge, or the designated on-call trial commissioner.

C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER

CRITICAL

Applies to

Petition

The judge reviewing a protective-order petition must indicate in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

B. The judge reviewing a petition for an order of protection shall indicate in the 'Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation in response to each application.

C . The Commonwealth shall make a written recommendation to the Court in response to each application . K .R .S . 533 .250(2) .

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense-related conditions.

B . The Order of Diversion shall include : 1. Restitution, if applicable . 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole . 5. As required by K .R .S . 533 .030(1) [conditions of probation-restitution] direct the def endant not to commit any of f ense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of K .R .S . 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Petition

Petitions must name the biological parents, subject to the stated termination exception, name an identified putative father, and reflect a diligent effort to locate the child’s parents.

C) All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state on the record, and the defendant must agree, to waive any right to a speedy trial or disposition if diversion is granted.

B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .

CRITICAL

Applies to

Petition

After regular business hours, the authorized agency or officer must present a received petition to the persons identified in paragraph C.

D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above

CRITICAL

Applies to

Motion

A person seeking a copy of a child interview video must file a motion requesting permission and explain the reason; release requires a specific written order.

No video copies of any in-chamber interviews with a child shall be released by the an Order must file a motion requesting permission to copy the video, and include an Circuit Clerk Court without a specific written Order. Any individual requesting such explanation of the reason for the request.

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS Chapter 403 or 456 must be completed and signed by the persons seeking protection.

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Answer

A Guardian Ad Litem must file an Answer on behalf of the client.

The Guardian Ad Litem shall file an Answer on behalf of their client.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide the Court written recommendations on diversion conditions and the sentence if the agreement is unsuccessful.

3. When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . K .R .S . 533 .252(3) .

CRITICAL

Applies to

Ex parte motion

An ex parte motion in an emergency child-custody matter must describe the actions taken to exhaust the identified remedies.

The motion must describe the action taken to exhaust these remedies.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Pleading motion or other paper

Every filed pleading, motion, or other paper must include the typed or printed name, address, telephone number, and email address of the signer.

Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Gal report

In a juvenile dependency, neglect, and abuse case, the GAL must file a written report and make recommendations at disposition.

The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.

CRITICAL

Applies to

Petition

Petitions must identify the applicable statute and provide detailed jurisdictional facts explaining the child’s relationship to the responsible party and, for multiple children, the circumstances for each child individually.

D) All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.

CRITICAL

Applies to

Motion

Parties may move to submit a dissolution for final decree and must submit the motion directly to the Judge without noticing a hearing.

Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing.

CRITICAL

Applies to

Contested custody or timesharing hearing

School records must be included as an exhibit in a contested custody or timesharing hearing if the outcome could change the child's school.

A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.

WARNING

Applies to

Motion

Petitioners seeking to initiate contempt proceedings should contact their county attorney or file a written motion specifying the alleged violation of a valid existing protective order of which the respondent has personal notice.

B. Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

WARNING

Applies to

Written motion

Petitioners seeking contempt proceedings should contact their county attorney or file a written motion specifying how the respondent allegedly violated a valid protective order of which the respondent had personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

WARNING

Applies to

Final disclosure statement

A preliminary disclosure statement may serve as the final disclosure statement if there are no changes or objections and notice is filed in the record.

A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.

WARNING

Applies to

Agreement and waiver

The parties may mutually waive exchanging final disclosure statements if they file the agreement and waiver in the record.

The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.